Victorian Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 226

    (1)     A person who manages or controls a workplace must, so far as is reasonably practicable, identify all asbestos present that is under the person's management or control.

Note

Act compliance—section 26 (see regulation 7).

    (2)     If there is uncertainty (based on reasonable grounds) as to whether asbestos is present, or if there are inaccessible areas that are likely to contain asbestos, the person who manages or controls the workplace must—

        (a)     assume that asbestos is present; or

        (b)     arrange for analysis of a sample to be undertaken.

Note

Act compliance—section 26 (see regulation 7).

    (3)     If asbestos is assumed to be present under subregulation (2), it is taken to be identified for the purposes of this Part.

    (4)     In relation to asbestos that is identified, the person who manages or controls the workplace must determine—

        (a)     the location of the asbestos; and

        (b)     the likely source of asbestos that is not fixed or installed; and

        (c)     in relation to asbestos-containing material—

              (i)     the type of asbestos-containing material; and

              (ii)     whether the asbestos-containing material is friable or non-friable; and

              (iii)     the condition of the asbestos-containing material; and

              (iv)     whether the asbestos-containing material is likely to sustain damage or deterioration; and

        (d)     so far as is possible, any activities likely to be carried out at the workplace that are, in view of their nature or design, likely to damage or disturb the asbestos.

Note

Act compliance—section 26 (see regulation 7).

    (5)     In relation to inaccessible areas that are likely to contain asbestos, the person who manages or controls the workplace must comply with subregulation (4)(a) and (b) so far as is possible.

Note

Act compliance—section 26 (see regulation 7).

    (6)     In relation to asbestos that is identified, the person who manages or controls the workplace must ensure that—

        (a)     the presence and location of the asbestos is clearly indicated; and

        (b)     if reasonably practicable, the indication is by labelling.

Note

Act compliance—section 26 (see regulation 7).